A92147:493
A treatise of civil policy
A treatise of civil policy: being a resolution of forty three questions concerning prerogative, right and privilege, in reference to the supreme prince and the people. / By Samuel Rutherford professor of divinity of St Andrews in Scotland.A treatise of civil policy: being a resolution of forty three questions concerning prerogative, right and priviledge, in reference to the supream prince and the people. / By Samuel Rutherford professor of divintiy of St Andrews in Scotland.
London, : Printed and are to be sold by Simon Miller at the Star in St Pauls Church-yard near the West end., 1657 i.e. 1656
Title page typeset from the transcription.
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
Ans. How is it possible that inferior Judges, Deut. 1. 17. 2. Chron. 19. 6. can be said to judge in Gods place, and not receive the power from God immediately, without any consent or covenant of men? So the Prelate. But inferior Judges judge in the Gods place, as both the P. Prelate and Scripture teach, Deut. 1. 17. 2. Chro. 19. 6. Let the Prelate see to the stumbling conclusion, for so he feareth it proves to his bad cause. 2. He saith the places, Deut. 1. 17. 2 Chro. 19. 6. prove that the King judgeth in the Room of God, because their Deputies judge in the place of God. The Prelate may know, we would deny this stumbling and lame consequence; for 1. Moses and Jehoshaphat are not speaking to themselves, but to other inferior Judges, who doth publicly exhort them. Moses and Jehoshaphat are persuading the regulation of the personal actions of other men, who might pervert Judgement. 2. The Prelate is much upon his Law, after he had forsworn the Gospel, and Religion of the1 Church, where he was baptized. What the King doth by another, that he doth by himself; but were Moses and Jehoshaphat feared that they should pervert Judgement in the unjust Sentence pronounced by under Judges, of which Sentence they could not know any thing? And do inferior Judges so judge in the name, authority, and power of the King, as not in the Name, Authority and Power of the Lord of Lords, and King of Kings? or is the Judgement the Kings? no, the Spirit of God saith no such matter, the Judgement executed by those inferior Judges, is the Lords, not a mortal Kings, ergo a mortal King may not hinder them to execute Judgement. Obj. He cannot suggest an unjust Sentence, and command an inferior Judge to give out a sentence absolvatory on cut-throats, but he may hinder the execution of any sentence against Irish cut-throats, Ans. It is all one to hinder the execution of a just sentence, and to suggest or command the inferior Judge to pronounce an unjust one, for inferior Judges by conscience of their Office, are both to judge righteously, and by force and power of the sword given to them of God,